Redweek Article regarding Attorneys & closings

[chellej Senior Member Find all posts View Profile Close chellej]

I got a newsletter from redweek today that states that attorneys are reguired in a number of states to prepare deeds. Here is the quote:

If you are purchasing a property in one of these states (FL, GA, IL, KY, LA, MD, MA, MI, NJ, NY, NC, OH, OR, SC, TX, VA, WA, DC, or WV), an attorney will be required for preparation of the deed.

Does anyone know if this is valid? I had heard that it was hard to close in LA but have never heard that about the others.

I have bought & sold in both TX & NC and not used an Attorney. Peregrine Townhomes prepares the deed for owners, Sold & recorded Landings a 7 coves without an attorney as well.

Anyone know the truth?

[topcop400 Member Find all posts View Profile Close topcop400]

I read that article too. Didn't it say that often times the title company handles that? I took it to mean that they have an attorney that works for them.

So maybe an attorney did his/her thing and you didn't even know it.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

In North Carolina, unauthorized practice of law is a criminal offense, and includes preparation of a deed for compensation by anyone other than a party to the transaction, if that party is not a licensed attorney in North Carolina. An out of state attorney, not licensed in North Carolina is just as much in violation of this criminal statute as a layman.

There is a good reason for that. I have seen a number of timeshare deeds prepared by out of state attorneys (who probably were unaware they were breaking the law) that may have met the requirements for a valid deed in their own state, but did NOT for North Carolina.

[chellej Senior Member Find all posts View Profile Close chellej]

In North Carolina, unauthorized practice of law is a criminal offense, and includes preparation of a deed for compensation by anyone other than a party to the transaction, i

So, if it is just 2 individuals - no real estate agent, no attorny - no title company, it is ok?